Author name: Swaraj Paul Barooah

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More Submissions on the Draft IP Policy

In a few previous posts, we’ve taken a look at some critical comments that have been submitted to the DIPP, on the draft IP policy prepared by the IP Think tank – see Prof. N.S. Gopalakrishnan and Dr. T.G. Agitha’s views here, and some comments by other academics and civil society here and here. It so happens that several of the other comments submitted are currently available online. As they haven’t (yet?) been made available on the DIPP website, I …

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Guest Post: Academics submits critical comments to DIPP on draft National IPR Policy by IP Think Tank

Raghul Sudheesh, a close friend of the blog, brings us some very important perspective on the draft IP policy from some of India’s top IP scholars, Prof N.S. Gopalakrishnan and Dr T.G. Agitha, both from Cochin University of Science and Technology (CUSAT). Prof N.S.Gopalakrishnan is internationally recognized as one of India’s foremost IPR experts, and has played a very influential role in policy making, international negotiations, and legislative drafting. They are very critical of the draft National IPR policy, pointing out several …

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A Warm Welcome to our new SpicyIP Fellows for 2015-2016!

We’re very happy to announce the results of the third edition of our SpicyIP Fellowship programme for the year 2015-2016! From over 40 submissions in the last few weeks, 22 were selected for publication on the blog. The criteria for selection included topic choice, research, analysis, clarity and language skills. The year long Fellowship begins on February 1st, 2015 and runs on till January 31st, 2016. The competition was stiff, with six candidates making it to our finalists list. After due consideration, we’re happy to …

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Guest Post: Garcia v. Google: Opening a Can of Worms?

In her third post for our SpicyIP Fellowship applicant series, Arundathi Venkataraman, brings us her analysis of the now (in)famous Garcia v. Google case, looking at how it might’ve been dealt with in the Indian context, looking into ‘consent’ and moral rights of a performer. Arundathi is a 4th year student at NLU-Jodhpur. Her previous posts for the Fellowship have included “GI for Yoga? (De)Merits and Consequences” and “Are Copyrights in Logos considered Trademarks for the Purpose of Taxation?” [The deadline for …

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Guest Post: WIPO Broadcast Treaty- An Unnecessary Evil?

Atharva Sontakke brings us his 3rd entry to our SpicyIP Fellowship applicant series with this post looking into the WIPO Broadcasting Treaty – and whether signing such a treaty would make sense for India or not. Readers interested in the topic may also want to take a look at the Centre for Internet and Society’s comments to the HRD ministry on the WIPO Broadcasting treaty – available here. Atharva is a 3rd year student at GNLU. His previous submissions include “Cricket, …

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Guest Post: ‘Ownership’ of Social Media Contacts

Atharva Sontakke brings us his 2nd post in our SpicyIP Fellowship applicant series with this post looking into the oft neglected area of Trade Secret law, and how it interacts with the ‘ownership’ of social media contacts. Atharva is a 3rd year student at GNLU. His first post is available here: Cricket, Death and a Trademark! [The deadline for submission of entries for our Fellowship application has now passed. We shall be going over the submissions received thus far and will announce …

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Guest Post: The Murky World of Fan Fiction and Copyright

Kiran Mary George brings us her 4th submission to our SpicyIP Fellowship applicant series with this post analysing the legality of fan fiction. In the post, she takes a look at the relevant US law and Indian law, and concludes that while non-commercial fan fiction may be fine, venturing into selling your work may prove risky. Kiran is a 2nd year student at ILS, Pune. Her previous three entries have been “The Smell Mark Conundrum”, “The iPhone v iFon conflict“ and …

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Guest Post: Economic sanctions and IPRs: Condition of anonymity or a smooth ride?

We’re happy to bring to our readers a very interesting guest post by Punam Kadam, where, taking off from the example of the recent cybervandalism caused sanctions on North Korea, she examines what happens to IPRs when US places economic sanctions on a country. Punam is a research professional who has worked in Pharma and Agrochemicals Industry and currently working as a Patent Associate at Inttl Advocare. The views expressed are her personal views and not that of her employers.” Economic sanctions …

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Guest Post: Are Copyrights in Logos considered Trademarks for the Purpose of Taxation?

In her 2nd post for our SpicyIP Fellowship applicant series, Arundathi Venkataraman brings us an interesting post that seeks to draw attention to a recent decision of the Madras High Court in which several interesting arguments pertaining to service tax, copyright and trademark were made. Arundathi is a 4th year student at NLU, Jodhpur. Her previous post is available here: GI for Yoga? (De)Merits and Consequences. [The deadline for submission of entries for our Fellowship application has now passed. We shall be going …

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Guest Post: Of Recipes and Patents

Due to some issues with the site, we had put a hold on our SpicyIP Fellowship applicant series but we’re back now and will get through the remaining ones as quickly as possible. Kiran Mary George, a 2nd year student at ILS, Pune, brings us her third entry with this post looking into the questions of whether recipes can be patented or not. Her previous two entries included “The Smell Mark Conundrum” and “The iPhone v iFon conflict“. [The deadline for …

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